Understanding Indiana OWI Law
In Indiana, it is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, the limit is 0.04%. For drivers under 21, any detectable amount of alcohol is illegal. The offense is called "Operating While Intoxicated" (OWI) in Indiana, not DUI.
Potential Penalties
The consequences of an OWI conviction in Indiana can be severe:
- First offense: Up to 1 year in jail, $5,000 fine, 180-day license suspension
- Second offense: Level 6 felony, up to 2.5 years, $10,000 fine
- Third offense: Level 5 felony, 1–6 years, $10,000 fine
- OWI causing serious bodily injury: Level 5 or Level 4 felony
Key Defense Strategies
1. Challenging the Traffic Stop
The Fourth Amendment protects you from unreasonable searches and seizures. If the officer did not have reasonable suspicion to pull you over, any evidence gathered after the stop — including breathalyzer results — may be suppressed.
2. Attacking Breathalyzer Results
Breathalyzer machines must be properly calibrated and maintained. The operator must be certified. We obtain maintenance records and calibration logs to identify any deficiencies that could invalidate the test results.
3. Field Sobriety Test Challenges
Field sobriety tests (FSTs) are notoriously unreliable. Medical conditions, physical disabilities, nervousness, and even the type of footwear can affect performance. We scrutinize how the tests were administered and whether the officer followed proper protocols.
4. Rising BAC Defense
Alcohol continues to be absorbed into the bloodstream after you stop drinking. If you had your last drink shortly before driving, your BAC at the time of the test may have been higher than it was when you were actually driving — a powerful defense in many cases.
5. Medical Condition Defenses
Certain medical conditions — including diabetes, acid reflux, and ketogenic diets — can produce false positives on breathalyzer tests. We work with medical experts to present these defenses effectively.
Immigration Consequences for Non-Citizens
For foreign-born individuals, an OWI conviction can have serious immigration consequences, including potential deportation. At the Law Office of Hong-min Jun, we coordinate our criminal defense strategy with immigration law considerations to protect you on both fronts.